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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34898
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been involved in negotiations re my ex husbands' and

Customer Question

I have been involved in negotiations re my ex husbands' and my financial resolution following our divorce 20 years ago. My ex has taken advantage of my solicitors absence from work due to sickness to arrange a date for a court hearing. I have no confidence in the solicitor who the company have given me to replace my original solicitor. She has made major mistakes and only talks about her position in the partnership and how much she should be paid (I am on Legal Aid). Can I delay the court hearing until my original solicitor returns to work?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the nature of the dispute and what is the nature of the hearing?
Customer: replied 3 years ago.
As I wrote previously. The matter is the financial resolution following my divorce over 20 years ago. The Court hearing is the 1st meeting in Chambers with a judge.
Expert:  Clare replied 3 years ago.
Thank you - so this is a First appointment.
When was the application issued and when is the hearing date?
Customer: replied 3 years ago.
Could you please just answer my question which is can I delay these proceedings until my solicitor is well enough to resume her duties? My financial papers need to be filed with the court by 25th December 2014 detailing all my monies and properties(form E) then by 15th jan 2015 I have to file with the court a notice in Form G, the issues, a chronology and a list of documents/questions I require from my ex.
The court date is 29th jan and is a first appointment and will be heard in chambers at the family court by the district judge.
Expert:  Clare replied 3 years ago.
No I am afraid not.
This is not an application made at short notice - it is an application which triggers a lengthy timetable leading to the First Appointment.
Since this is the case there is certainly no basis on which your solicitor's illness can be used to seek an adjournment whatever your concerns about the approach and ability of her replacement.
HOWEVER it may be of some comfort to you to be aware that nothing can be decided at that hearing unless BOTH parties agree, so if you feel that the solicitor has not properly represented your wishes then you simply refuse to agree and the matter will have to be listed for a further hearing many weeks later - giving your solicitor recovery time.
Please ask if you need further details